Notice of Application for Renewal of Licence - Broadcasting Service Licences for Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to establish a regulatory framework for broadcasting services in Australia, aiming to ensure the efficient and effective operation of broadcasting services and to promote a diversity of voices and viewpoints in the media. The Act addresses the need for a structured approach to the licensing and regulation of broadcasting services, aiming to balance the interests of broadcasters, the public, and other stakeholders. Enacted by the Parliament of Australia, the policy objective of the Act is to facilitate the delivery of broadcasting services that are diverse, high-quality, and responsive to community needs while ensuring compliance with the relevant standards and regulations. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, renew, and revoke broadcasting service licences, and to enforce compliance with the Act's provisions.

Scope and Application

The Broadcasting Services Act 1992 applies to entities providing broadcasting services in Australia, including commercial and community broadcasters. Specifically, this notice pertains to the renewal of community broadcasting service licences held by certain corporations, such as Muda Aboriginal Corporation, Progressive Broadcasting Service Co-operative Ltd, Vision Australia Limited, and Bumma Bippera Media Aboriginal & Torres Strait Islander Corporation. These entities are subject to scrutiny by the Australian Communications and Media Authority (ACMA) to ensure their continued suitability as broadcasters. The suitability of a licensee is determined by ACMA based on various criteria, including the entity's business record, history in situations requiring trust and candour, and any prior convictions related to the Act or its regulations. ACMA has the authority to refuse renewal if it deems the entity unfit, particularly for community broadcasters where ACMA is not mandated to hold a formal investigation or hearing. The geographic reach of the Act is national, as it governs broadcasting services across different states and territories in Australia.

Key Provisions

According to sub-section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) must notify the public when certain companies apply for the renewal of their broadcasting service licences. These companies, namely Muda Aboriginal Corporation, Progressive Broadcasting Service Co-operative Ltd, Vision Australia Limited, and Bumma Bippera Media Aboriginal & Torres Strait Islander Corporation, have applied for the renewal of their community radio licences, as indicated in the notice. The licences in question pertain to specific service areas within New South Wales, Victoria, and Queensland. ACMA will proceed with the renewal unless it determines that the applicant is no longer a suitable licensee, in accordance with sub-section 83(2) of the Act. A licensee is deemed unsuitable if ACMA concludes that the applicant poses a significant risk of committing an offence against the Act or regulations, or breaching the licence conditions. The Broadcasting Services Act 1992 imposes several obligations and requirements on ACMA and the licensees. ACMA must consider the business and ethical records of the companies and the individuals in control of the licence when deciding whether to renew the licences. The Act mandates ACMA to take into account the applicant's business record, their track record in situations requiring trust and candour, and whether they or their key personnel have been convicted of offences against the Act or regulations. Furthermore, for community broadcasting licences, ACMA may refuse to renew the licence if it would not allocate the licence to the applicant based on the factors outlined in sub-section 84(2)(a) to (f) of the Act. Importantly, the Act does not require ACMA to hold an investigation or hearing before deciding on the renewal of a community broadcasting licence, as stated in sub-section 91(3). Breaching the provisions of the Broadcasting Services Act 1992 can result in both civil and criminal consequences. The Act does not specify particular offences, penalties, or civil/criminal consequences for the failure to renew a licence if ACMA determines that the applicant is no longer a suitable licensee. However, the general provisions of the Act may apply, which could include fines and imprisonment for serious offences. For example, under section 126 of the Act, a person who contravenes a provision of the Act or regulations may be liable for a penalty of up to $1.1 million for a corporation. Additionally, the Act may empower ACMA to impose administrative penalties for breaches of licence conditions, which could include fines or other sanctions. The precise penalties for any breach would depend on the nature and severity of the breach, as well as any relevant guidelines or regulations.